A DWI can have lasting legal and economic consequences even under the best of circumstances. Therefore, it’s important for those facing charges to hire a DWI attorney in Royse City, TX. For certain reasons that can vary by case, there may be legal ways to get DWI charges reduced or dismissed, as shown below.
A Lack of Probable Cause
A stop made in the absence of probable cause is illegal. For instance, if a driver makes a legal turn into a parking lot, an officer cannot pull them over on suspicion of drunk driving. For the stop to be legal, there must be something objectively incriminating about the driver’s behavior.
Inaccurate Breathalyzer Testing
Area police often use breath testing as a way to determine a DWI suspect’s blood alcohol level. While breathalyzer tests are generally reliable, they are not foolproof. In some cases, a breath testing machine may be miscalibrated, and the inaccuracy can cause the driver’s blood alcohol level to look higher than it really is.
Blood Test Problems
It’s a bad idea for a driver to refuse blood testing for a variety of reasons. However, the United States Supreme Court ruled that in drunk driving cases, arresting officers must have a warrant to perform a forced blood draw on a DWI suspect. Charges may be dismissed if the driver’s blood was drawn without consent or a warrant.
Entrapment
In one notable DWI case, a man had too much to drink at a concert and tried to ‘sleep it off’ in the parking lot afterward. However, police forced him to leave so the lot could be closed. Soon after the man left, he was arrested for DWI. In that case, the court agreed that he could use entrapment as a defense.
Not Being Legally Intoxicated
In some instances, an arresting officer may note symptoms such as slurred speech, bloodshot eyes and the smell of alcohol. However, these signs are not conclusive proof of DWI, and they do not always prove that a driver has the BAC necessary for a conviction.
Drivers should remember that test results are not foolproof, and they have the legal right to challenge faulty results. If a driver has a DWI case that may have one or more of these issues, it may be beneficial to consult an attorney in Royse City, TX. Call or click here to visit the Law Office of Tim Hartley for a free initial consultation.
